Curt DeVoe - Plews Shadley Racher & Braun

Overview

Curt DeVoe’s practice since 1988 has focused on environmental compliance and litigation. He has a broad knowledge of and experience with Indiana and federal environmental laws and programs that pertain to solid and hazardous waste, wastewater, surface water, groundwater, and wetlands. Curt also has represented many buyers and sellers of properties and business assets involving environmental conditions, including brownfield redevelopment issues and strategies, drafting and negotiating contractual language, transfer of permits, and investigation, assessment and response to contamination and other environmental liabilities.

Awards

2015-2022, Ranked by Chambers USA
2011-present, Martindale-Hubbell AV® Preeminent Peer Review Rated
2009-2024, Listed in Best Lawyers in America®
2008, 2010-2024, Selected for inclusion in Indiana Super Lawyers Magazine – Environmental

Education

J.D., 1988, University of California, Berkeley, School of Law
A.B., 1982, Princeton University

Bar Admissions

State of Indiana, 1988
United State District Court for the Southern District of Indiana, 1988
United States Court of Appeals, Seventh Circuit, 1988

Experience

Consulted with various industrial and municipal clients concerning compliance with Clean Water Act.
Represented defendants in various environmental enforcement actions (including criminal investigations) and litigation.
Negotiated and pursued administrative review of NPDES and industrial wastewater pretreatment permits and enforcement actions under Clean Water Act, including local, state and federal notices of violation, consent orders and agreed orders. Negotiated reduced penalties based upon mitigation and other supplemental environmental projects.
Represented property owners in wetland enforcement and mitigation matters under EPA, IDEM, U.S. Army Corps of Engineers, and Natural Resource Conservation Service (former Soil Conservation Service) jurisdiction.
Appealed various enforcement and permitting actions concerning wastewater from confined feeding operations and publicly owned treatment works.
Represented plaintiffs in various lawsuits to obtain recovery of investigation and cleanup costs, completion of cleanup, and property damages relating to petroleum contamination.
Represented buyers and sellers of real property and business assets involving environmental contractual language, transfer of permits, and investigation, assessment and response to contamination and other environmental liabilities. Businesses included railroads, power plants, metal and plastic recyclers, steel mills, gasoline stations, chemical manufacturers and suppliers, metal treating and finishing operations, a former coke manufacturing plant, manufactured gas plants, natural gas companies, and other manufacturing concerns, commercial facilities, and unimproved former dumping sites.
Represented property owners participating in the Indiana Voluntary Remediation Program and other voluntary cleanup actions. Sites included a former coke manufacturing plant, a manufactured gas plant, petroleum retail, storage and refining sites, railroad yards, metal treating and machining businesses, chemical manufacturers and suppliers, foundries, a former federal military depot, steel mills, other manufacturing sites, and light industrial and commercial properties.
Assisted purchasers of contaminated property with obtaining tax relief and private, local, state, and federal grant and loan funding (brownfields redevelopment).
Counseled various clients concerning spill reporting and underground storage tank regulatory issues and defended against alleged violations.

Affiliations

Professional Affiliations

Member, Indiana State Bar Association, Environmental Law Section
Member, Indianapolis Bar Association, Environmental Law Section (Chairman 1996-1997)
Member, American Bar Association, Section on Natural Resources, Energy, and Environmental Law
Member, Indiana Voluntary Remediation Agreement Subcommittee (1992-1993) (Assisted Indiana Department of Environmental Management with development of program and documents to implement new Voluntary Remediation Program established by 1992 legislation)
Member, Indiana Chamber of Commerce, Environmental Committee and Work Groups (1991- present)
Member, Indiana Manufacturers Association, Environmental Committees and Work Groups (1991 to present)

Community Affiliations

Member, Board of Directors, Upper White River Watershed Alliance (2012 – 2021)
Member of Board of Directors, Central Indiana Land Trust, Inc. (President, 2019-2021)
Adjunct Professor, Environmental Law, IU McKinney School of Law, Indianapolis (2007, 2016)
Member, Tocqueville Society, United Way of Central Indiana
Chief Driving Instructor, Central Indiana Region, Porsche Club of America (2006-2015)
Past President and Past Member, Board of Directors, Central Indiana Tennis Association
Director At Large, United States Tennis Association, Midwest Section (1997- 1999)

Articles & Events

2019 | Speaking Engagement

Speaker, Indiana Chamber of Commerce Permitting Conference: Advanced Wastewater Permitting: What’s Coming Down the Pipe with Water?

2017 | Co-Presenter

Wetlands: Legal Updates and Practical Tips, Indiana Environmental Management Conference presented by the Indiana Chamber of Commerce and the Indiana Department of Environmental Management

2017 | Speaking Engagement

Speaker, Understanding your Wastewater Permit and Water Balance, Indiana Chamber Environmental Permitting and Reporting Conference.

2016 | Speaking Engagement

Speaker, Environmental and Other Liability Considerations: The Age of Climate Change and Failing to Anticipate and Prepare for Disaster, When Disasters Strike: What Should You Do for Your Client?, ICLEF Seminar